Demo Equipment Warning, Assumption of Risk, Liability Release, Indemnity and Hold Harmless Agreement and Agreement Not to Sue
WWSRA, SIA, EWSRA & 360 Adventure Collective
(Western Winter Sports Representatives Assocation, Snowsports Industries America, Eastern Winter Sports Representatives Association, Midwest Reps Association & Eastern Active Sports Representatives Inc.)
Please Read Carefully Before Signing
I or my child wish to participate in an on-snow demonstration and testing event for winter sports equipment, and we agree to these terms as a condition of doing so. All information I will provide on this Industry On-Snow Demo Event Participant Registration Form will be true and correct. If any information I have provided on this form changes between the time I filled out this form and the time I use the equipment I will fill out a new form with updated information before using the equipment. I understand that my failure to do so will increase the risk of harm to me. I agree not to use any of the equipment to be provided to me for this demo event until I have received instruction for its use and function and have received satisfactory answers to any questions I may have regarding its use and function. If at any time I feel this equipment does not seem to be functioning properly, I will stop using it immediately and return it for inspection and possible repair or adjustment by a qualified technician. My signature on this form affirms that I will verify that the visual indicator settings on this form (if any) agree with the visual indicator settings on any applicable equipment to be provided to me during this demo event. I agree to check all equipment to be provided to me before each use, and that this equipment will not be used if any parts are loose, worn, damaged or missing.
I agree to accept for use all the various equipment combinations to be provided to me during this demo event “AS IS” and WITH NO WARRANTIES, express or otherwise, beyond those stated in this agreement. I, further agree to accept full financial responsibility for the care of that equipment once it is provided to me, and I will be responsible for the replacement, at full retail value, of any equipment I receive, but do not return in good condition, normal wear and tear excepted, even if it is lost or stolen.
I understand that the binding system cannot guarantee the user’s safety. In downhill skiing, I understand and agree that the ski-boot-binding system is designed to release the boot from the ski when certain forces on the system reach preset values, but that the binding system WILL NOT RELEASE OR RETAIN at all times or under all circumstances where release or retention might prevent injury or death, nor is it possible to predict every situation in which it will release or retain, and that it CANNOT prevent all injuries to any part of the user’s body, and that unwanted release and retention are inherent risks of skiing that I voluntarily assume and accept. In snowboarding, cross-country skiing, telemark skiing, skiboarding, snowshoeing and other sports utilizing equipment with non-release bindings, I understand and agree that the binding systems will not ordinarily release during use; that they are not designed to release as a result of forces generated during ordinary operation or during falls or loss of control, that they DO NOT RELEASE TO PROTECT against any type of injury, and that these features are inherent risks that I voluntarily assume and accept.
If I am using any kind of alpine touring (AT) equipment, such as AT boots (with or without tech inserts) or AT bindings, either as a system or in combination with ordinary alpine skis, boots or bindings, I understand and agree that this equipment provides certain functionalities that I want, but it may NOT provide the same degree of release and retention protection as standard Alpine boot and binding systems. I further understand and agree that not all AT components are compatible with each other, and that AT components may not be compatible with alpine components, even if the boot seems to fit into the binding, and that combining components that are not completely compatible with one another will create varying degrees of increased risk of injuries from unwanted release or retention. I understand and agree that these increased risks of injury are inherent risks of skiing that I voluntarily assume and accept in exchange for my specific desire to use equipment of this type.
I further understand and agree that during demo activities my own equipment and any equipment provided by others will not undergo the same degree or nature of inspection, testing or determination of release/retention settings or function that is undertaken in a typical ski shop setting, and that any resulting increased risk of injury is an inherent risk of skiing that I voluntarily assume and accept
I understand that all forms of skiing, snowboarding, skiboarding, snowdecking, snowshoeing and other related sports (collectively “RECREATIONAL SNOW SPORTS”) are HAZARDOUS and that injuries are common and ordinary occurrences during these activities and involve inherent and other risks of INJURY and DEATH. I voluntarily agree to expressly assume all risks of injury or death that may result from these RECREATIONAL SNOW SPORTS, or which relate in any way to the use of any equipment provided or used during these activities.
I understand and agree that certain risks of RECREATIONAL SNOW SPORTS may be reduced, but not entirely eliminated, by taking lessons, by following “YOUR RESPONSIBILITY CODE”, which is posted at most wintersport areas, and by using reasonable care and common sense. I further understand that a leash or other runaway prevention system should be used with this equipment at all times, including while riding lifts, in order to reduce the risk of injury to others.
I understand and agree that a helmet designed for RECREATIONAL SNOW SPORTS use, when sized and fitted properly, will help reduce the risk of some types of injuries to the user at slow speeds. I understand and agree that no helmet can protect the wearer against all foreseeable impacts to the head, and that skiing, snowboarding and other RECREATIONAL SNOW SPORTS expose the user to forces that exceed the limits of protection provided by a helmet. I also understand that a helmet does not guard against injury to the neck, spine or any other part of my body, and that these limitations are INHERENT RISKS of any activity in which this helmet will be used. I recognize that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn; and that a damaged helmet should not be used, because damage may compromise the effectiveness of that helmet.
To the fullest extent allowed by law, and on behalf of myself and my family and heirs, I hereby RELEASE all manufacturers, distributors, retailers and other providers of this equipment, including event producers WWSRA, SIA, NESR and EWSRA, all persons who mount, adjust or service this equipment, the resort and all property owners, operators, managers, lessors and lessees where this equipment is used or dispatched, and all of their agents, employees, officers, directors, owners, sponsors and affiliated persons and companies (“Released Parties”), from ANY AND ALL RESPONSIBILITY OR LEGAL LIABILITY for any injuries, damages or death to me or to any other person, whether resulting from NEGLIGENCE or any other cause. I further agree that I WILL NEVER SUE the Released Parties, and that I WILL DEFEND AND INDEMNIFY the Released Parties if any claim or action is pursued by any person arising out of any injuries, damages or death to me, or to others if they arise out of my activities involving any Recreational Snow Sports or any related activities involving the use of this equipment.
In the event that I elect to have the visual indicator settings of the bindings adjusted to a setting other than that recommended by the binding manufacturer, I acknowledge that I may experience an increased risk of injury. I understand and agree that, as a condition of obtaining these settings on the bindings, I forever RELEASE, HOLD HARMLESS and INDEMNIFY all Released Parties from any and all liability for any injury of any kind that results from the use of such settings.
This document is a LEGALLY BINDING CONTRACT that supersedes any other agreements, warranties or representations involving this equipment, this event, and the Released Parties, and it constitutes the FINAL AND ENTIRE AGREEMENT regarding this this equipment, this event, and the Released Parties. This agreement is intended to provide a COMPREHENSIVE RELEASE OF LIABILITY in favor of the Released Parties to the greatest extent permitted by law, but is not intended to assert claims or defenses that are prohibited by law. If any provision of this contract is deemed illegal or unenforceable, all other provisions shall be given full force and effect. The parties’ specific legal rights may vary among states and provinces.
Initial Here:
DRUG AND ALCOHOL POLICY:
Any person whose ability or judgment is impaired by the use of alcohol and/or drugs (including marijuana) not taken at the direction of a physician is strictly forbidden from handling or demoing product. In the context of WWSRA/SIA/360 Adventure Collective/EWSRA events/demos, if your judgment is impaired you may not handle product as an exhibitor/tech rep or test product as an attendee.
Please note that in the event of an accident you will be held personally accountable. All accidents are subject to investigation by the resort and/or local authorities.
Initial Here MAMMOTH RESORTS
Release of Liability and Indemnity Agreement
WWSRA Trade Fair | February 2020
READ CAREFULLY BEFORE SIGNING – THIS LIMITS YOUR LEGAL RIGHTS
I understand that the sports of skiing, snowboarding, tubing, snowmobiling, road or mountain biking, hiking, climbing, via feratta, and other recreational activities (the “Sports and Activities”) associated with this event (hereafter “Event”) can be dangerous and involve the risk of injury (including death) and property damage. Despite the risk involved in the Sports and Activities and in consideration of the right to participate in the Event, I VOLUNTARILY AGREE ON BEHALF OF MYSELF AND ANY MINOR CHILD OR DEPENDENT IDENTIFIED HEREIN TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, which might be associated with participation in the Event and in the Sports and the Activities at Mammoth Mountain Ski Area, June Mountain Ski Area, or any other place where the Event may occur.
I understand this release is intended to cover all recreational, instructional, and related activities in which I/the minor may participate in connection with the Event. I understand that participation in the Sport and the Activities involves risks which are too numerous to spell out, but include, without limitation, variations in terrain and snow conditions, surface and subsurface snow conditions, icy or firm snow, thin snow cover, bare spots, bumps, erosion control devices, rocks, cliffs, rock fall, avalanches and all other slope hazards and obstacles, whether marked or unmarked. I also understand that participation in the Sport and the Activities and/or Event involves risks posed by loss of control, collisions with others, and collisions with natural and man-made objects, including trees, rocks, fences, lift towers, snow making equipment, climbing equipment, obstacles, over-snow vehicles, and other vehicles. Personnel may give inadequate warnings or instructions, and the equipment being used might malfunction. Snowmobile engines and other equipment discharge exhaust which contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Other risks include the risks associated with loading, riding, and unloading ski lifts and using terrain parks, half pipes, rails and other features, using transportation, walking in lodges and parking lots, using the buildings and premises, traveling in the mountains and beyond the ski area boundary, and participating in lessons, races and special events (collectively, “Use of the Facilities”).
Further, to the fullest extent permissible under law, I AGREE NEVER TO SUE AND TO RELEASE FROM LIABILITY MAMMOTH MOUNTAIN SKI AREA, LLC, ALTERRA MOUNTAIN COMPANY, THE UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, AND THEIR OWNERS, EMPLOYEES, AGENTS, LANDOWNERS, SPONSORS, AND AFFILIATED COMPANIES (hereafter collectively referred to as “Mammoth”) for any damage, injury (including death) and/or property damage to me (or, if signing on behalf of my minor child, my child) arising from participation in the Event or the Use of the Facilities, regardless of cause, including Mammoth’s actual and/or alleged NEGLIGENCE.
I understand this is a RELEASE OF LIABILITY, which will prevent me and my heirs from filing suit or making any claim for damages in the event of injury or death to me/my minor child. Additionally, in the event I, my heirs, the user, or my legal representative files a lawsuit arising out of my/my minor child’s participation in the Event or Use of the Facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Mammoth for and from any damages, attorneys’ fees and costs associated with or arising out of such a lawsuit. With the aforesaid fully understood, I nevertheless enter into this agreement freely and voluntarily and agree that it is binding upon me and my heirs, assigns, and legal representatives. I also agree to indemnify Mammoth for any and all claims brought by any third-party, which arise from the participant’s or my participation in the Sports and Activities, Event, and/or Use of the Facilities.
If I am signing this Liability Release on behalf of a minor (less than 18 years of age): I represent and warrant that I am the parent and/or legal guardian of such Child and that the Child is in good health and there are no special problems associated with the care of the Child; I accept responsibility for all of the Child’s medical expenses incurred in connection with the Event and the Use of the Facilities; I agree to indemnify Mammoth for any and all claims brought by the Child; and, I agree to indemnify Mammoth for any and all claims brought by a third-party arising in connection with the Child’s participation in the Sports and Activities, Event, and/or Use of the Facilities.
I understand and agree that this agreement is severable and that if any clause is found to be invalid the balance of this contract will remain in effect and will be valid and enforceable. I agree that any action will be brought in the County of Mono, State of California. Any disputes will be subject to and determined under the laws of the State of California, without regard to its choice of laws provisions.
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